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Synopsis

The Madras High Court recently upheld the annulment of a property transfer executed by an elderly woman in favor of her son, citing neglect and non-fulfillment of implied obligations under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the Act).

A division bench of Justices S.M. Subramaniam and K. Rajasekar dismissed an appeal challenging the cancellation of a settlement deed, reinforcing that an explicit condition of care is not necessary for property revocation under Section 23(1) of the Act. The judgment emphasized that even an implied expectation of support, when unfulfilled, is sufficient grounds for cancellation.

The case arose from an application filed by the now-deceased senior citizen, S. Nagalakshmi, who had transferred her property to her only son, hoping he and his wife would take care of her in her old age. However, following her son’s demise, she alleged that her daughter-in-law abandoned her, prompting her to seek legal recourse for reclaiming her property.

The Revenue Divisional Officer (RDO) of Nagapattinam, upon inquiry, found that the elderly woman was indeed neglected, leading to the cancellation of the settlement deed.

The high court, affirming the decision of the RDO dismissed the appellant’s contention that the original property transfer lacked an explicit clause mandating maintenance. Court cited Supreme Court precedents to hold that a property transfer executed out of "love and affection" inherently carries an implied obligation of care and the conditions under Section 23(1) of the Senior Citizens Act need not be explicit, but might be implied.

Court said that the Act acknowledges that property transfers from senior citizens, especially to children or close relatives, are often motivated by love and affection.

"The senior citizen's decision to transfer property is not merely a legal act but one made with the hope of being cared for in their old age . This love and affection become an implied condition in the transaction, even if the transfer document itself does not explicitly state it," court emphasised. 

It further clarifed that the law does not require an express condition in the document for maintenance. Instead, it recognizes that love and affection serve as the consideration for the transfer and that this implicit condition is enough to invoke the provision in case of neglect.

Court stressed that the Act's overarching goal is to safeguard the security and dignity of senior citizens and in cases where familial conduct fails to live up to expectations, and the senior citizen’s welfare is not protected, Section 23(1) ensures that the senior citizen can seek legal relief and have the transfer of property annulled.

Court noted that during the relevant point of time, the woman was 87 years old and she was totally neglected by her daughter-in-law. Court also pointed out that the settlement deed executed by the elderly woman expressly indicated that out of love and affection, she had transferred the property to her son. 

"Such a condition being implied under Section 23(1) of the Senior Citizens Act, the decision of the competent authority annulling the Settlement Deed is in consonance with the spirit and objectives of the Senior Citizens Act," court, therefore, held. 

Case Title: S.Mala Vs. District Arbitrator & District Collector, Nagapatinam and Others